Judge upholds suspension for 12-year-old for staring at classmate

The parents of an Ohio 12-year-old were obviously a bit upset when their son was suspended from school for staring at a fellow student. Now a judge says the school was right.

St. Gabriel Consolidated school in Glendale, Ohio, suspended the boy last year for what they called an intimidating stare.

By the time Candice Tolbert and her husband found out about the suspension, it was three days after the fact AND their son had already written an apology letter.

It read, in part, "I never knew she was scared because she was laughing. I don't want to be suspended anymore. This will be my last time intimidating anyone."

The Ohio parents, who asked not to identify their son, were so outraged by the suspension they took the school to court to get it erased from their son's record. However, the judge sided with the school who said in court documents that the discipline was consistent with the student handbook and the female student felt threatened.

"The same girl that accused my son of this act of intimidation aggresivelyl poured milk on someone else's lunch. When she did that, there were no repurcussions for that. She received nothing for that," Tolbert said.

The school wouldn't comment but did release a statment:

"Judge Patrick Dinkelacker listened to the plaintiff's arguments yesterday, rejected them, and dismissed the complaint against the school.  We aren't going to comment any further on particular issues concerning our students."

Sound fair? 

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